Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7344 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 2459/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Reituparna Joshi, Advocate, for the petitioners.
Mr. Suyash Pant, Standing Counsel, for the State.
Mr. Dharmendra Barthwal, Advocate, for the respondent no. 2.
Mr. Lalit Samant, Advocate, for the respondent no. 4.
(2) According to petitioners, their land was acquired by Power Grid Corporation of India for setting up a Power Sub Station in the year 2013, however the compensation paid to them was neither adequate nor as per the circle rate. By means of this writ petition, petitioners have sought the following relief:
“i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider the representation of the petitioners (annexed as Annexure No. 4 to this writ petition) and take appropriate action as per law removing the illegal encroachments and obstruction over the land of the petitioners.”
(3) Learned State Counsel, however, submits that first appeal filed by petitioners challenging District Judge’s
order, passed in proceedings under Section 18 of Land Acquisition Act, was dismissed by coordinate Bench vide judgment dated
28.11.2023. He thus submits that after decision by coordinate Bench in the first appeal, no purpose would be served if District Magistrate is directed to take
2025:UHC:7344 decision on petitioners’ representation.
(4)
Learned Counsel for the petitioners submits that Power Grid Corporation is using the land adjoining the acquired land for parking and various other purposes.
(5) If that is so, the proper remedy for the petitioners would be to file injunction suit and making representation would not be useful in any manner.
(6) In such view of the matter, writ petition is disposed of granting liberty to petitioners to approach the competent forum.
(Manoj Kumar Tiwari, J.)
20.8.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.25 14:39:44 +05'30'
2025:UHC:7344